TRANSIT WITHOUT VISA (TWOV) SUSPENSION PRESS RELEASE, TALKING POINTS AND HANDOUT
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UNCLAS STATE 224098
INFORM CONSULS, PAOS, ECONOMIC AND COMMERCIAL OFFICERS
E.O. 12958: N/A
TAGS: CVIS, ASEC, EAIR
SUBJECT: TRANSIT WITHOUT VISA (TWOV) SUSPENSION -- PRESS
RELEASE, TALKING POINTS AND HANDOUT
REF: STATE 224096
1. NIACT precedence required due to immediate change in
regulation affecting travelers worldwide and action request in
paragraph 3. This message has been cleared by the HR duty
officer for transmission to SEP posts.
2. Below are press guidance, talking points and handout
materials issued by the Department of Homeland Security
concerning the suspension of TWOV privileges described in
reftel.
3. Posts should maximize distribution of the press release to
news media in your host countries immediately. Contact should
be made as soon as possible to notify host governments of this
change. Airlines should immediately be notified of these
changes so they will not board TWOV passengers not subject to
the limited exceptions described in these documents.
--------------
PRESS RELEASE
--------------
4. PRESS RELEASE ISSUED BY DEPARTMENT OF HOMELAND SECURITY AT
12:30 pm EDT August 2, 2003. BEGIN TEXT OF PRESS RELEASE:
HOMELAND SECURITY AND DEPARTMENT OF STATE TAKE IMMEDIATE
STEPS TO MAKE AIR TRAVEL EVEN SAFER
Special International In-Transit Programs Suspended
WASHINGTON, DC -The U.S. Department of Homeland
Security and the U.S. Department of State today suspended
two programs that allow certain international air
passengers to travel through the United States for transit
purposes without first obtaining a visa. The programs,
known as the Transit Without Visa program (TWOV) and the
International-to-International transit program (ITI), have
been suspended. The action takes effect at 11:00 a.m.,
Saturday August 2, 2003. (Note: All times are U.S. EDT).
This action does not affect U.S. citizens or citizens from
visa waiver countries.
Homeland Security issued instructions to all airlines
to no longer allow passengers to utilize these transit
programs. Homeland Security agencies are also taking
additional steps to increase security at airports and on
airplanes that normally transport and process passengers
under these programs. These new measures are in addition
to significant increases in aviation security implemented
since September 11 such as reinforced cockpit doors,
deployment of federal air marshals, enhanced federalized
baggage and passenger screening and armed Federal Flight
Deck Officers piloting some jetliners.
It is the intention of both Departments to reinstate
the TWOV and ITI programs as soon as additional security
measures can be implemented to safeguard the programs from
terrorists who wish to gain access to the U.S. or U.S.
airspace without going through the consular screening
process. Officials have already begun this process of
identifying possible steps that could be taken to further
secure the transit programs. Homeland Security and the
Department of State are soliciting comments from the
public about the action and will reassess the suspension
over the next 60 days after reviewing the responses.
Current intelligence will also be a factor considered when
deciding to re-implement the program.
Recent specific intelligence indicates that terrorist
groups have been planning to exploit these transit
programs to gain access to the U.S. or U.S. airspace
without going through the consular screening process. The
steps announced today are designed to augment security
against possible terrorist threats and to protect U.S.
citizens and foreign nationals who fly into and out of the
United States.
"Our number one mission is to protect Americans and
American interests from the threat of terrorism and we
realize that terrorists aim to exploit our vulnerabilities
and freedoms," said Homeland Security Secretary Tom Ridge.
"The steps announced today, while aggressive, are an
appropriate response to the threat. We know they will
have an impact on international travelers, but we believe
they are necessary in order to protect lives and
property."
Homeland Security and State will make three
exceptions to these actions to accommodate travelers who
may be immediately impacted. The three exceptions are:
1) TWOV or ITI passengers in flight at the time the
regulation goes into effect will be allowed to continue in
transit and depart the U. S. subject to inspection and an
evaluation of risk. 2) Travelers who purchased their
tickets as TWOV or ITI passengers on or before July 24,
2003, and who are scheduled to depart for transit through
the U.S. before 12:01 a.m., Tuesday, August 5, 2003, need
not obtain a visa to transit the U.S. For any flights
scheduled to depart after 12:01 a.m. August 5 that include
a stop in the U.S, however, these travelers must now
either obtain a visa or change their travel itinerary to
exclude a stop in the U.S. 3) If a person has already
traveled through the U.S. as a TWOV or ITI passenger on
the first leg of their trip, and uses the return portion
of their round trip ticket before 11:00 a.m., August 9,
2003, they will be permitted to make a stop in the U.S.
without a visa on the return portion of their trip. They
will be processed by U.S. Customs and Border Protection
inspectors upon arrival in the United States. If they
plan to transit the U.S. after that date and time,
however, they must either obtain a visa or change their
return itinerary to exclude a stop in the U.S.
The Transit Without Visa program has been in use in
the United States since 1952. It applies to passengers
who normally would be required to obtain a visa to travel
to the United States. Under the TWOV program, passengers
arriving in the United States from a foreign country are
permitted to travel through the United States to another
foreign destination without first obtaining a visa to stop
and change planes in the United States. Passengers under
the TWOV program go through the full border inspection
process upon arrival in the U.S. Under the TWOV program,
a passenger may stop at one or two U.S. airports en route
to another foreign destination. If on a domestic flight
to a second U.S. airport, the airline is responsible for
ensuring that the passenger does not illegally enter the
United States. Airlines provide contract security escorts
and are required to maintain control of the passenger's
passport and other travel documents.
The International-to-International transit program
also allows passengers arriving from foreign countries to
transit through the United States to another foreign
destination without first obtaining a visa. Unlike the
TWOV program, however, ITI passengers may only transit
through one airport, and they may not leave the
international transit lounge while connecting planes at
that airport.
In 2002, the top five countries from which TWOV
passengers arrived in the United States were Brazil,
Mexico, Korea, the Philippines, and Peru. The greatest
number of TWOV and ITI passengers transited the U.S.
through airports in Los Angeles, Miami, New York, Dallas
and Houston.
Homeland Security agencies involved in this action
include U.S. Customs and Border Protection, U.S.
Immigration and Customs Enforcement and the Transportation
Security Administration. They will work closely with
airport authorities, airlines and state and local law
enforcement to implement this new policy.
END PRESS RELEASE TEXT.
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TALKING POINTS - NOT FOR PUBLICATION
------------------------------------
5. TALKING POINTS FOR CONTACTS WITH HOST GOVERNMENTS,
AIRLINES AND PRESS
NOTE: These are for use only as guidance and talking
points, not as a handout. Para. 6, below, contains the
text of a brochure prepared by DHS that may be used as a
handout. END NOTE.
Q1) WHAT ACTION IS BEING ANNOUNCED?
The Department of Homeland Security and the
Department of State are jointly issuing Interim Final
Rules that indefinitely suspends the Transit Without
Visa (TWOV) and International-to-International (ITI)
passenger programs.
Q2) WHO IS AFFECTED BY THESE ACTIONS?
This action affects passengers who are traveling from
one point outside the U.S. with a stop for transit
purposes within the U.S. Under the TWOV and ITI
programs, such passengers were not required to have a
visa to enter the U.S. for transit purposes. As a
result of this action, however, such passengers will
now be required to have a U.S. visa, with certain
exceptions
Q3) WHEN DOES THIS ACTION TAKE EFFECT?
This action takes effect at 11:00 a.m. on Saturday,
August 2, 2003 (all times are U.S. EDT).
Q4) FOR HOW LONG WILL IT BE IN EFFECT?
The programs are suspended until further notice. We
will, however, be soliciting comments and reassessing
this action over the next 60 days.
Q5) WILL THE PROGRAM BE REINSTATED AT A FUTURE DATE?
Homeland Security and State will reassess the
programs over the next 60 days. During this time
they will work with airlines to determine the
appropriate security steps necessary to reinstate the
programs on an airline-by-airline basis.
Q6) WHY IS THIS ACTION NECESSARY?
Homeland Security and State have received specific,
credible intelligence, including intelligence from
the FBI and CIA, that certain terrorist
organizations, including Al-Qaeda, have identified
the visa and passport exemptions of the TWOV and ITI
programs as a means to gain access to aircraft en
route to or from the United States, to cause damage
to infrastructure, injury, or loss of life in the
United States or on board aircraft en route to or
from the United States.
Q7) WHY DOES SUSPENDING THE TWOV AND ITI PROGRAMS
INCREASE SECURITY?
Since 9/11, the State Department has increased
scrutiny of individuals who apply for visas to travel
to the United States. The current intelligence
indicates that people wishing to commit terrorist
acts want to avoid the consular screening process.
By suspending the TWOV and ITI programs, these people
are now required to apply for a visa through the
consular screening process.
Q8) HOW MANY PEOPLE WILL BE IMPACTED BY THIS ACTION?
In 2002 approximately 380,000 people arrived in the
United States without a visa under the TWOV program.
Over the next 60 days, more than 6,000 travelers
could be impacted by this action.
Q9) WHICH FOREIGN NATIONALS ARE MOST AFFECTED?
Nationals from the following countries make most use
of the TWOV program: Brazil, Mexico, Korea, the
Philippines and Peru.
Q10) WHICH U.S. AIRPORTS ARE MOST AFFECTED?
The greatest number of TWOV and ITI passengers
transited the U.S. through airports in Los Angeles,
Miami, New York, Dallas and Houston.
Q11) WHICH U.S. AIRLINES WILL BE MOST AFFECTED?
The U.S. airlines that carry the greatest number of
TWOV and ITI passengers are American Airlines, Delta
Air Lines, United Airlines and Northwest Airlines.
Q12) WILL THIS COST AIRLINES REVENUE? IF SO, HOW MUCH?
Airlines may need to reroute passengers who would
have otherwise traveled through the United States
without a visa. Airlines may experience some loss of
revenue, but that loss cannot be calculated at this
time.
Q13) WILL U.S. CITIZENS AND LEGAL PERMENANT RESIDENTS WHO
TRAVEL INTO AND OUT OF THE UNITED STATES BE IMPACTED
BY THIS?
No. U.S. citizens and legal permanent residents do
not need visas to travel to and from the United
States.
Q14) A CITIZEN FROM A VISA WAIVER COUNTRY DOES NOT NEED A
VISA TO TRAVEL TO THE UNITED STATES. WILL THEY NOW
BE REQUIRED TO OBTAIN A VISA TO TRANSIT THE UNITED
STATES?
No. If a person does not require a visa to travel to
the U.S. they do not require a visa to transit the
U.S.
Q15) WHICH COUNTRIES ARE VISA-WAIVER COUNTRIES?
There are 27 countries that currently participate in
the visa waiver program. They are Andorra,
Australia, Austria, Belgium, Brunei, Denmark,
Finland, France, Germany, Iceland, Ireland, Italy,
Japan, Liechtenstein, Luxembourg, Monaco, the
Netherlands, New Zealand, Norway, Portugal, San
Marino, Singapore, Slovenia, Spain, Sweden,
Switzerland, and the United Kingdom.
Q16) WILL THERE BE EXCEPTIONS TO ACCOMMODATE PASSENGERS
WHO'S TRAVEL MAY BE DISRUPTED BY THIS ACTION?
Yes. There will be three exceptions to accommodate
travelers:
1) TWOV or ITI passengers in flight at the time the
regulation goes into effect will be allowed to
continue in transit and depart the U. S. subject to
inspection and an evaluation of risk.
2) Travelers who purchased their tickets as TWOV or
ITI passengers on or before July 24, 2003, scheduled
to depart for transit through the U.S. before 12:01
a.m., Tuesday, August 5, 2003, need not obtain a visa
to transit the U.S. For any flights scheduled to
depart after 12:01 a.m. August 5 that include a stop
in the U.S, however, these travelers must now either
obtain a visa or change their travel itinerary to
exclude a stop in the U.S.
3) If a person has already traveled through the U.S.
as a TWOV or ITI passenger on the first leg of their
trip, and uses the return portion of their round trip
ticket before 11:00 a.m., August 9, 2003, they will
be permitted to make a stop in the U.S. without a
visa on the return portion of their trip. They will
be processed by U.S. Customs and Border Protection
inspectors upon arrival in the United States. If
they plan to transit the U.S. after that date and
time, however, they must either obtain a visa or
change their return itinerary to exclude a stop in
the U.S.
Q17) WILL A PERSON BE ABLE TO APPLY FOR A U.S. VISA IN A
COUNTRY OTHER THAN THEIR HOME COUNTRY?
Yes. U.S. Consulates have been informed of the
suspension of these programs, and they are prepared
to receive applications for visas from foreign
nationals in countries other than the foreign
national's home country.
Q18) HOW QUICKLY CAN A PERSON OBTAIN A VISA TO TRANSIT THE
U.S.?
U.S. Consulates are prepared to issue visas to
qualified applicants on an expedited basis, for
people who are currently traveling and would be
required to reroute through a different country in
order to return home under the new rules.
Q19) HOW CAN PEOPLE LEARN MORE ABOUT THESE PROGRAMS AND
THEIR SUSPENSION?
Information about the programs and their suspension
can be obtained through the U.S. Department of
Homeland Security's web page at www.dhs.gov and the
U.S. State Department's web page at
http://travel.state.gov.
Q20) WILL THE PUBLIC HAVE AN OPPORTUNITY TO COMMENT ON
THIS ACTION?
Yes. Homeland Security and the Department of State
are encouraging public comment. These comments will
be reviewed and the suspension will be reassessed
over the next 60 days.
Q21) TO WHOM DO THEY SEND THEIR COMMENTS AND HOW?
The Department of Homeland Security and Department of
State websites will have the contact information to
provide comments to this interim final rule.
Written comments about the Homeland Security
regulations may be addressed to the Bureau of Customs
and Border Protection, Office of Regulations and
Rulings, Regulations Branch, 1300 Pennsylvania
Avenue, Washington, D.C. 20229.
Written comments about the State Department
regulations may be addressed to Chief, Legislation
and Regulations Division, Directorate for Visa
Services, Department of State, 2401 E Street, N.W.,
Washington, D.C. 20520-0106, by fax at (202) 663-
3898, or by email at visaregs@state.gov.
The federal register will also have this information
available on their website.
Q22) WHAT OTHER STEPS ARE BEING TAKEN TO ADDRESS THIS
THREAT, BESIDES SUSPENDING THE TWOV AND ITI PROGRAMS?
Homeland Security agencies have taken a number of
immediate steps to improve security at airports and
on airplanes. Some actions being taken include:
Additional air marshals have been directed to high
risk flights; additional personnel have been directed
to areas through which TWOV and ITI passengers
transit; and passenger manifests are being screened
for people who can pose a potential threat to the
aircraft.
-----------------
HANDOUT MATERIALS
-----------------
6. HANDOUT MATERIALS -- The following is the text of a
brochure that will be e-mailed to posts. You may use this
text for handout materials to the public. Posts may
translate the text, as needed. Begin text of handout
materials.
Frequently Asked Questions
Suspension of Transit Without Visa
International-to-International
The U.S. Department of Homeland Security and U.S.
Department of State have suspended the Transit Without
Visa (TWOV) and International-to-International (ITI)
programs for people who would otherwise be required to
obtain a visa to travel to the U.S. Homeland Security
and State are taking several steps to accommodate
travelers who may have already purchased tickets, or who
are currently on travel. These are some frequently asked
questions about the Homeland Security order and the
accommodations the Departments are allowing.
WHAT ACTION WAS ANNOUNCED?
The Department of Homeland Security and the Department of
State jointly issued an order that suspends the Transit
Without Visa (TWOV) and International-to-International
(ITI) passenger programs.
WHO IS AFFECTED BY THESE ACTIONS?
This action affects passengers who are traveling from one
point outside the U.S. with a stop for transit purposes
within the U.S. Under the TWOV and ITI programs, such
passengers were not required to have a visa to enter the
U.S. for transit purposes. As a result of this action,
however, such passengers will now be required to have a
U.S. visa, with certain exceptions (see below).
ARE THESE PROGRAMS BEING ELIMINATED ENTIRELY?
Though Homeland Security and State suspended the programs,
over the next 60 days they are soliciting input from
airlines and the public to find possible ways to re-
implement the programs on an airline-by-airline basis,
contingent upon implementation of additional security
measures.
WHEN DOES THIS ACTION TAKE EFFECT?
This action takes effect at 11:00 a.m., August 2, 2003.
(Note: All times are U.S. EDT)
WHY IS THIS ACTION NECESSARY?
Homeland Security and State have received specific,
credible intelligence, including intelligence from the FBI
and CIA, that certain terrorist organizations, including
Al-Qaeda, have identified the visa and passport exemptions
of the TWOV and ITI programs as a means to gain access to
aircraft en route to or from the United States, to cause
damage to infrastructure, injury, or loss of life in the
United States or on board aircraft en route to or from the
United States
WILL THERE BE EXCEPTIONS TO ACCOMMODATE PASSENGERS WHOSE
TRAVEL MAY BE DISRUPTED BY THIS ACTION?
Yes. There will be three exceptions to accommodate
travelers.
1) TWOV or ITI passengers in flight at the time the
regulation goes into effect will be allowed to continue in
transit and depart the U. S. subject to inspection and an
evaluation of risk.
2) Travelers who purchased their tickets as TWOV or ITI
passengers on or before July 24, 2003, scheduled to depart
for transit through the U.S. before 12:01 a.m., Tuesday,
August 5, 2003, need not obtain a visa to transit the U.S.
For any flights scheduled to depart after 12:01 a.m.
August 5 that include a stop in the U.S, however, these
travelers must now either obtain a visa or change their
travel itinerary to exclude a stop in the U.S.
3) If a person has already traveled through the U.S. as a
TWOV or ITI passenger on the first leg of their trip, and
uses the return portion of their round trip ticket before
11:00 a.m., August 9, 2003, they will be permitted to make
a stop in the U.S. without a visa on the return portion of
their trip. They will be processed by U.S. Customs and
Border Protection inspectors upon arrival in the United
States. If they plan to transit the U.S. after that date
and time, however, they must either obtain a visa or
change their return itinerary to exclude a stop in the
U.S.
WILL I BE ABLE TO OBTAIN A U.S. VISA IN A COUNTRY OTHER
THAN MY HOME COUNTRY?
Yes. U.S. Consulates have been informed of the suspension
of these programs, and they are prepared to receive
applications for visas from foreign nationals in countries
other than the foreign national's home country.
HOW QUICKLY CAN I OBTAIN A VISA TO TRANSIT THE U.S.?
U.S. Consulates are prepared to issue visas to qualified
applicants on an expedited basis, for people who are
currently traveling and would be required to reroute
through a different country in order to return home under
the new rules.
I AM A CITIZEN OF A VISA WAIVER COUNTRY, SO I NORMALLY DO
NOT NEED A VISA TO ENTER THE UNITED STATES. AM I NOW
REQUIRED TO OBTAIN A VISA TO TRANSIT THE UNITED STATES?
No. If you do not require a visa to enter the U.S. you do
not require a visa to transit the U.S.
HOW CAN I LEARN MORE ABOUT THESE PROGRAMS AND THEIR
SUSPENSION?
Information about the programs and their suspension can be
obtained through the U.S. Department of Homeland
Security's web page at www.dhs.gov and the U.S. State
Department's web page at http://travel.state.gov. End
handout text.
7. Posts' immediate assistance is urgently needed and will help
eliminate potential entry-inspection problems for travelers.
